| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 217/01 |
| Determination date | 10 December 2001 |
| Member | J Wilson |
| Representation | P Teei ; J O'Connell |
| Location | Auckland |
| Parties | Ms M v Department for Courts |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Used respondent's stationery to write threatening personal communications - Whether dismissal procedurally unfair - No opportunity to comment on issues that might have influenced decision to dismiss - Issues did not influence final decision - Whether harshly treated - Actions amounted to serious misconduct - Dismissal within range of options open to reasonable and fair employer - Publication of applicant's name prohibited for family reasons |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl10 |
| Cases Cited | BP Oil NZ Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Drummond v Coca-Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Read v Air NZ Ltd [1991] 3 ERNZ 139 |
| Number of Pages | 6 |
| PDF File Link: | aa 217_01.pdf [pdf 34 KB] |